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MARINE v. FEDERAL INSURANCE COMPANY

293 A.D.2d 721 (2002)

741 N.Y.S.2d 427

MILADY MARINE, Appellant, v. FEDERAL INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 29, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the defendant's motion which was to vacate the judgment entered against it upon its default in answering. To obtain relief pursuant to CPLR 317, the defendant was required to establish that it did not personally receive notice of the summons in time to defend and that it has a meritorious defense (see Eugene Di Lorenzo, Inc. v Dutton...

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